People v. Gannon
California Supreme Court
Appeal from a judgment of conviction and from an order denying a new trial in the Superior Court of the County of San Joaquin. Buckley, J.
1Opinion of the Court
McKinstry, J.:
It is not seriously contested, but the affidavit of the District Attorney, upon which the continuance (from the twenty-*477eighth of September to the fifth of October) was granted, was regular and sufficient.
We think the Court below was justified in finding that the witness, Edwin Avery, could not, with reasonable and due diligence, be found in the State. His deposition, taken before the examining magistrate, was, therefore, admissible. (P. C., 086.)
Of course it is possible that a District Attorney—in violation of his official oath, and in cruel disregard of the rights of those…
2Cited by3 opinions
- People v. DouglassCalifornia Supreme Court · 1893
- Wilson v. StateIndiana Supreme Court · 1911
- People v. RileyCalifornia Supreme Court · 1888